Article 122
(1) It shall be obligatory to notify the supporting institution the inventions generated in the projects supported by State institutions and organizations in compliance with the regulation. The party who benefitted from the project support within one year as of the date of the notification notifies the public institution in written regarding their decision on whether they will demand a right ownership on the subject of the invention. If the beneficiary party of the project support does not claim right ownership; or they do not make their decision on right ownership in written; the supporting State institution or organization may take over the right ownership of the invention. The beneficiary party of the project support cannot make statements in the manner of effecting the invention in obtaining a patent or a utility model status until the process regarding right ownership is over.
(2) The beneficiary party of the project support, in case of claiming a right ownership on the invention, shall be obliged to file a patent application for the invention. The supporting state institution or organization shall be specified in the application.
(3) The state institution or organization has the right to demand from the beneficiary party of the project support to regularly update them regarding the use of the invention that is the subject of the patent or regarding the efforts performed to use. These commercial and financial information that are requested by the state institution or organization shall be kept private. The form of sharing the revenue earned from the use of the invention shall be determined by an agreement.
(4) In case that the beneficiary party of the project support claims right ownership on the invention; the state institution or organization obtains a license at no charge regarding the use of the invention for their own needs. Renouncing this right is possible on the condition of being specified in the agreement. In the cases mentioned below; the state institution or organization is in the possession of the right to claim to use the invention that is the subject of the patent; or to make a claim for third parties to be granted a license in reasonable conditions to use the invention.
In case that;
a) According to the provision of Article 130, the beneficiary party of the project support does not use the invention that is the subject of the patent or does not attempt to use. b) The product that is the subject of the patent produced by the beneficiary party of the project support or the licensee is not able to cover the needs arising from the reasons of public health or national security.
c) The product that is the subject of the patent produced by the beneficiary party of the project support or the licensee is not able to cover the needs of the state institution or organization.
(5) The license practice that is within the context of paragraph 4 does not affect the practice of the provisions related to compulsory license.
(6) This article’s provisions shall not be applied to the R&D or design centers which are established within the scope of the Law on the encouragement of Research, Development and Design Activities dated 28/2/2008 and numbered 5746 or the technology development areas which are established within the scope of the Law on Technology development Areas dated 26/6/2001 and numbered 4691, the works which are not carried out with the support of state institutions and organizations or the inventions which emerge from state supports that are not project based.